Wells v. Chevy Chase Bank

In Wells v. Chevy Chase Bank, 363 Md. 232, 768 A.2d 620 (2001), a credit card holder sued the issuing bank, alleging breach of an open end credit agreement by, among other things, charging excessive interest, and changing the amount of the late fee and the formula for determining the finance charge without notice to cardholders. The agreement between the parties included an alternative dispute resolution ("ADR") section that provided: "any controversy or claim . . . between or among you and us . . . shall, at the request and expense of the claiming party, be submitted to mediation." Wells, 363 Md. at 236. If the dispute could not be resolved through mediation "within 30 days from the date of engagement," then it would be submitted to binding arbitration. The bank sought to compel arbitration, and the trial court granted its request. The Court of Appeals reversed, holding that under the ADR provision in the agreement, the defending party could not force the claiming party to mediate or arbitrate the claims. See id. at 251-52. "Ordering the claiming party to mediate and, 'if mediation fails' to arbitrate, when the claiming party has not requested mediation does not compel compliance with the mediation and arbitration clause provisions; rather, an order so compelling exceeds those provisions." Id.